Just yesterday Taunton, Massachusetts police were investigating “a potential parole violator” on Crossman Street. Around 5:30 p.m. they went to a home at that address due to their belief that Jason DaGraca was in violation of his parole. When the police arrived they searched a car in the driveway. In it they found a quantity of marijuana consistent with drug possession, possibly enough to satisfy the elements of possession with the intent to distribute. The officers then entered the home where they found some paraphernalia consistent with drug usage. The officers continued their search of the home. They observed some ceiling tiles that suggested to them that something might have been secreted in the ceiling. They continued their search and found enough heroin and cocaine to bring charges of trafficking class A and trafficking class B. DaGraca has been charged with Trafficking Cocaine, Trafficking Heroin, Possession With the Intent to Distribute Marijuana and more. His girlfriend who was also present was charged with the same crimes. Police also found a hypodermic needle, cash and a digital scale during their search. Reis’ parents and two children were in the house at this time as well.

If this article is accurate and complete then there are countless defenses to these charges that could succeed prior to trial and after trial. Here are some initial thoughts: 1) what were the police doing searching a car in the driveway? 2) did they have a search warrant? 3) who’s car is it that they searched? 4) where in the car were the drugs located? 5) how did they get into the house to search? 6) was there a search warrant or did they have “consent” to enter? 7) what if anything justified the search of the home once they were inside? 8) what did the ceiling tiles look like prior to the officers entering the home? 9) in what part of the home were the suspicious ceiling tiles located? 10) how are the police able to attribute criminal activity to DaGraca and Reis as opposed to anyone else in the home or with access to the home? 11) were any statements made by either of the defendants?

Cases like this one are often replete with facts that warrant a challenge to the permissibility of the evidence at trial or the sufficiency of the evidence as to the individual defendants. I can see where motions to dismiss or motions to suppress might be dispositive here. I can also see where, recognizing flaws in its case the prosecution might look to resolve the matter favorable to either of the defendants or both. This appears to be the kind of case that criminal attorney dream about defending.

The Law Offices of Stephen Neyman, PC has defended drugs cases with great success in Massachusetts and throughout the country. If you have been arrested you need a lawyer. You should call us at 617-263-6800 or send us an email. We can help you.